Arizona Revised Statutes

Ariz. Rev. Stat. § 12-817 (2026)

Civil penalty; forfeiture; accounting

✓ current as of May 2026
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A. Obscene motion picture films and obscene pictorial publications pursuant to this article are contraband and are not subject to any property rights.

B. Any and all monies received in payment for obtaining or viewing any obscene motion picture films and obscene pictorial publications are subject to forfeiture to the county in which the abatement action is brought as restitution for damages done to the public welfare, public health and public morals. Such monies may be traced to and shall be recoverable from those persons as set forth in section 12-812 who have knowledge of the nuisance, from and after the issuance of a preliminary injunction against the conduct of such persons pursuant to section 12-814.

C. Upon the issuance of a judgment pursuant to section 12-815, subsection B, the defendants named in such judgment shall make an accounting of all monies received by them in payment for obtaining or viewing obscene motion picture films or obscene pictorial publications subject to such judgment.

Notes of Decisions
Cited in 3 cases, 1950–1984 · leading case: State v. Book-Cellar, Inc., 679 P.2d 548 (Ariz. Ct. App. 1984).
State v. Book-Cellar, Inc., 679 P.2d 548 (Ariz. Ct. App. 1984). · cites it 3× “The statutory language makes it clear that the nuisance is the exhibition or sale of obscene materials and not the place.”
State v. Book-Cellar, Inc., 679 P.2d 548 (Ariz. Ct. App. 1984). · cites it 3× “The statutory language makes it clear that the nuisance is the exhibition or sale of obscene materials and not the place. Accordingly, the proper remedy to abate the nuisance is an injunction against the business prohibiting further sales or exhibitions of materials determined…”
Eide v. Frohmiller, 216 P.2d 726 (Ariz. 1950). “1939, § 12-817,’- subds. c, d, makes it mandatory upon the board of trustees to keep or to maintain separate accounts of individual contributions and to credit the contribution of members to -such individual accounts, adding accrued interest thereto at least once each year.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.